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The Importance of Drafting a Will during a Divorce: Ensuring your Legacy is Protected

Published on 2 July 2024 | Modified on 3 July 2024

Written by Stacey Bennett

Divorce & Family

Wills & Probate

Going through a divorce is undoubtedly a challenging and emotionally draining process. Amidst the legal complexities and personal adjustments, it is quite common for individuals to overlook a critical aspect of their post-divorce life: creating or updating their Will. While it may not be the first thing that comes to mind during this turbulent period, considering a Will during divorce is crucial to safeguarding your interests and securing your legacy. In this article, we’ll explore the reasons why drafting a Will during divorce is so important and how it can provide peace of mind during an otherwise uncertain time.

Protecting Your Assets:

Divorce involves the division of marital assets, including property, investments, and financial accounts. By creating a Will during this process, you gain control over how your assets will be distributed after your passing.

Without a valid Will in place, the laws of intestacy will dictate how your assets are distributed, which may not reflect your wishes. By specifying your intentions in a Will, you can ensure that your assets go to the individuals or organisations you desire, providing financial security for your loved ones or charitable causes. By detailing your wishes in a Will, you can determine whether the gifts you leave in your Will are payable before or after any relevant tax.

Ensuring Your Children’s Wellbeing:

If you have children, their wellbeing will be a top priority. When going through a divorce, it’s crucial to consider their long-term care and guardianship. A Will allows you to designate a guardian for your children, someone you trust to provide love, support, and guidance in your absence. Additionally, you can use a Will to establish trusts for your children’s financial needs, ensuring their education and general welfare are taken care of.

Managing Existing Debts and Obligations:

During a divorce, it’s essential to review and assess your existing debts and financial obligations. By creating a Will, you can address any outstanding liabilities and make provisions for their repayment, preventing potential complications for your loved ones down the line.

Updating Beneficiary Designations:

Marriage often involves naming a spouse as a beneficiary on various accounts, including life insurance policies, retirement plans, and investment portfolios. However, divorce severs this relationship, and it is crucial to update your beneficiary designations accordingly. By failing to update these designations, your former spouse may still be entitled to these assets upon your passing, even if it conflicts with your intentions.

Minimising Potential Disputes:

Divorce proceedings can be contentious, and without a clear and valid Will in place, disagreements over asset distribution can intensify. By creating a Will during divorce, you establish a legally binding document that outlines your wishes and intentions, reducing the potential for disputes and legal battles among your heirs. A comprehensive Will can offer clarity and peace of mind to both you and your loved ones, ensuring that your legacy is protected and that your final wishes are respected.


Divorce is an emotionally challenging time, but it is crucial not to overlook the importance of creating or updating your Will during this process. By taking the time to address your estate planning needs, you can protect your assets, secure your children’s well-being, manage existing debts, update beneficiary designations, and minimise potential disputes. Seeking professional advice from a solicitor experienced in these areas will ensure that your Will accurately reflects your wishes and complies with all legal requirements. By doing so, you can embrace the future with confidence, knowing that your legacy and loved ones will be taken care of according to your desires.

To arrange an appointment with an expert solicitor, call us on 0800 470 0331

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